The main legal point established is that the courses completed by the students from the petitioner-institute should not be disturbed, as the deficiencies pointed out by the Indian Nursing Council had been rectified, and the students were eligible for all intents and purposes.

JUDGMENT

Dinesh Mehta, J. - Learned counsel for the rival parties jointly submit that the controversy involved in the present writ petition is squarely covered by judgment dated 13.04.2022, passed by the Co-ordinate Bench of this Court in a bunch of matters lead by S. Tech College of Nursing, Bhilwara v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No. 14540/2019.

2. The operative portion of the judgment in the case of S. Tech College of Nursing, Bhilwara (supra) reads thus:

"Considered the submissions made at the Bar and the relevant record of the case along with the directions issued by this Court from time to time.

It is noted that in pursuance of the inspection conducted by the Indian Nursing Council, certain deficiencies were pointed out, pursuant to which, the State Government passed an order and the petitioner-institute was banned from admitting the students since 2015. Thereafter, in pursuance of the interim orders granted by this Court, the petitioner-institute was allowed to participate in the counseling and admit the students. By virtue of the interim orders granted by this Court, the petitioner-institute had admitted the students and those students after completing their courses have passed out. After 2015, the Indian Nursing Council had granted 'No Objection Certificate' to the petitioner-institute for admitting the students which shows that the deficiencies pointed out by the Indian Nursing Council before 2015 have been rectified and therefore, the students who have completed their courses from the petitioner-institute are eligible for all intents and purposes. In these circumstances, it is ordered that the courses completed by those students shall not be disturbed by State authorities and the interim orders granted by this Court are made absolute.

In view of the order passed by this Court on 16/12/2021, representation along with requisite documents have already been filed by the petitioner-institute to the State Government and the State Government has issued an order dated 12/4/2022 for conducting fresh inspection of the petitioner-institute.

In these circumstances, the writ petitions are disposed of in terms that the interim orders granted by this Court are made absolute. The State Government is directed to take appropriate action and decision on the representation preferred by the petitioner-institute including the inspection being conducted by the Rajasthan Nursing Council.

It is made clear that if any infirmity is pointed out by the Rajasthan Nursing Council, the State Government will be free to take a decision in accordance with law without having been influenced by the interim orders granted by this Court and the observations made in this order.

It is also made clear that the authorities of the Rajasthan University of Health Sciences (RUHS) will be free to take appropriate action for granting affiliation after the requisite reports are received from the State Government and Rajasthan Nursing Council strictly in accordance with law.

The stay applications and other pending applications, if any also stand disposed of."

3. Following the above adjudication present petition is also disposed of. The petitioner may file a representation in light of the interim order dated 18.11.2019, passed in its case (if not already filed).

4. The interim order dated 18.11.2019 is made absolute.

5. The State Government is directed to take appropriate decision on the representation preferred by the petitioner-institute.

6. The respondent Rajasthan Nursing Council shall be free to conduct inspection, in accordance with law.

7. If any infirmity is found, the respondent-Rajasthan Nursing Council, the respondent-University will be free to take appropriate action/decision in accordance with law.

8. In case every thing is found in order, the authorities of the Rajasthan University of Health Sciences (RUHS) will take appropriate decision for granting affiliation, obviously, after the requisite reports are received from the State Government and